Fisheries Act Authorization
Fisheries Act Authorizations are legal documents issued by Fisheries and Oceans Canada (DFO). They allow for works that will result in harm to fish habitat to be performed subject to mitigation and compensation.
Section 35(2) Authorizations are required for works that will result in Harmful Alteration, Desruption or Destruction of Fish Habitat (HADD). Section 32 Authorizations are required when fish are expected to be killed.
Projects that require a Fisheries Act Authorization are typically significant in scale such as construction of a rubble mound breakwater or log handling facility. However, some projects as small as launching ramp installations have required authorizations.
To obtain an Authorization, a project proponent must ask DFO to review their project. Typically DFO will require as a minimum:
1. A biophysical survey
2. An environmental impact assessment
3. Compensation for lost habitats and temporal effects
4. Environmental monitoring
DFO will have to perform a screening assessessment under the Canadian Environmental Assessment Act (CEAA) for any projects that require a Fisheries Act Authorization.
Most authorizations take 6 months to 2 years to secure. Almost any project is possible provided the correct justification and compensation is provided. Some projects require $35,000 in monitoring. Others require $100,000 in compensation. And some projects are self-compensating.